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The Disparate Impact of the California Wildfires on Minority Communities: Exposing Environmental Injustice & Zoning Flaws
No full textThe Mark of Confusion: Untangling the Circuit Split in Trademark Infringement Jurisprudence
No full textCivil Rights Microviolations
No full textThis essay is an attempt to name and define a certain kind of civil rights problem. Namely: Rights violations that are small enough that the rational thing for the victim to do might be to just cope with them, but when allowed to fester and repeat, do significant damage. We call these problems microviolations. To define them, we borrow from the idea of a microaggression, a concept that developed to understand an analogous challenge in workplace and school discrimination. We offer a diagnosis of why microviolations are both problematic and difficult to address, and arguments that they should be a higher priority in civil rights work
To Vacate or Not to Vacate: Partial Remedies and Mootness in Federal Habeas of State Convictions
No full textThis Article addresses two related issues in the federal habeas of state convictions. First, it analyzes a circuit split that recently emerged over whether a state’s appeal would be moot after a federal district court grants habeas and a state vacates its own judgment. One view is that the state vacatur would render the appeal moot because the prisoner is no longer in custody. A second view is that the appeal would not necessarily be moot because a partial remedy could be available. Second, this Article identifies some courts conflating the language of a state’s vacatur in habeas and evaluates the implications of such for mootness.
These recent views in federal appellate courts have potentially produced an overly expansive reading of when a partial remedy should be available. Under recent United States Supreme Court discourse regarding whether habeas should only cure jurisdictional defects, courts should have an even less expansive reading than any of the circuits currently employ because federal habeas would be determining that a state’s conviction is void ab initio. This Article is the first to examine the partial remedy doctrine in habeas and the circuit split identified
Virtual Hearings, Tangible Consequences: Rethinking Remote Hearing Rules Adopted Amidst Pandemic Chaos
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Broadcasting Bigotry: A Proposal to Revive Group Defamation and Hold Modern Media Accountable for the Disparagement of Asian Americans
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Litigating With No Receipts: How the Denial of Access to Trial Transcripts Denies People the Opportunity to Access Justice
No full textThe Digital Doctor-Patient Relationship: Imposing Heightened Duties on Femtech Apps
Full text linkThe rapid rise of femtech apps has transformed the landscape of reproductive health, offering users access to information and services that were traditionally the domain of medical professionals. These apps, ranging from menstrual tracking to fertility planning tools, often position themselves as indispensable companions for users navigating critical health decisions. Yet, the legal frameworks governing these apps fail to account for the sensitive nature of the user-developer relationship, leaving users vulnerable to inaccurate guidance, data misuse, and inadequate recourse in cases of harm.
This essay argues that femtech app developers often assume roles akin to medical providers, creating relationships with users that parallel those traditionally recognized as special relationships under the law. Such relationships, historically codified in contexts like doctor-patient and attorney-client interactions, impose fiduciary duties that ensure heightened accountability. Femtech apps, by collecting deeply personal health data and influencing users\u27 decisions, replicate the dependency and trust that define special relationships. Consequently, this essay explores the arguments for and the implications of legally recognizing a similar fiduciary duty for femtech app developers, bridging the gap between technological innovation and ethical responsibility